i'm terry mcsweeney live at the federal courthouse in san francisco where it's only appropriate considering the bay series is going on that a former oakland a's slugger will take the stand against barry bonds. jason giambi is expected to name names. also another rain soaked hillside is threatened to give way and families are told to find another place to live. >> live look at the embarcadero where it's dry this morning. big story is two of them. near record high temperatures wednesday and thursday and still a chance of rain this weekend. >> good morning. we do have a sig alert southbound 880 at 238 after a big rig slammed into a guardrail >> state legislature convenes to

work on california's budget crisis. democrats are threatening to bypass republicans to call a separate election on taxes. thank you so much, i'm kristen sze. >> eric: i'm eric thomas. barry bonds will face another home run hitter. jason giambi says he got steroids from someone close to bonds. this is the first of a string of baseball players that could be called to the stand. >> reporter: the star factor is going to kick in. but as far as the sleaze factor is going to pale in comparison what we saw yesterday. today might be just as important as to whether barry bonds is convicted of lying to a grand jury. take a look at jason giambi. most valuable player in the league and currently place with the colorado rockies.

expected on the witness stand to say he got steroids from greg anderson. amender son is the man that prosecutors sold them to bonds and not only sold them to giambi he told them how and when to use them. compared to yesterday, former mistress told the jury that bonds talked to her about taking steroids, it was responsible for a 1999 elbow injury. >> this is the first time we heard direct testimony about barry's state of mind that he knew he was using steroids. >> bonds was overcome to the steroids that he threatened to kill her a number of times. one time he said he was going to cut her off hed and leave her in the ditch. defense attorneys came after bell trying to point out she

shortly after bonds dumped her, took her story to playboy and got a hundred thousand dollar contract that included nude photos, as well. giambi on the stand and his brother jeremy talking about greg anderson. prosecution trying to show that they got the steroids from greg anderson who was an associate of barry bonds. anderson is behind bars and we'll see how it shakes out. >> kristen: attorneys in the trial of a san mateo county teen trying to kill a teacher with pipe bombs will try to break a jury deadlock. they found him guilty of five of the seven charges against him. they deadlocked on the remaining two. they indicated they may be able to reach a verdict if the prosecution and the defense clear up some questions.

>> eric: officials in hercules are planning to address a dangerous situation when the city council meets tonight a rained soaked hillside is forcing families out of their homes. alan wang reports. >> residents of the heights subdivision in hercules say a chunk of earth broke away from the hillside and slipped about ten feet. >> it was breaking off and mud was sliding down toward the backyard. >> muddy water poured out of the saturated hill and damaged these homes along carson street. four were red-tagged and people had to move out last week. four more were yellow-tagged giving families limited time. >> when the hill comes down, the folks are going to have a lot of mud in their homes. >> the fear is that it could all come down any minute. >> it's difficult to say there are actually two slides under there. one is a surface slide and the other one is very deep in the

earth. according to the engineering department with the city. it's a slow slide. >> this is like a decade old problem. >> this has been going on since 2006 when homes were demd. they have been watching the power of nature swallow up the yards. >> the windows are broken in the back. >> we want the city to do something about it. >> now the neighbors are petitioning the city to step in and shore up the hillside because they think they are running out of time. >> kristen: supervisors meet in an emergency session to declare a state of emergency because of widespread storm damage there. it clears wait for homes and business owners hit by flooding and landslides. in capitola the price to fix damage done by recent floods

could top $10 million. a broken pipe caused a wall of water to flood the community twice last week. the owner of a monthly home says the city is to blame. the city is trying to determine what caused the rupture. right now pg&e crews are trying to figure out what sparked an early morning power pole fire. this was the scene at kennedy and frederick in oakland. a pole caught fire at about 1:00 this morning. spark lit up the night like the 4th of july fireworks display. they told firefighters to briefly close the 880 off-ramp at 23rd avenue. it breached several nearby businesses. power to the area has been restored. >> kristen: students may lose three school days under a contract in the teachers may begin voting today. agreement includes furlough days to help the district balance its budget and avoid more job cuts

due to funding cuts from sacramento. if teachers approve the deals they would lose school days on three different days. >> the california legislature is expected to take up governor bronze proposal for a special election -- brown's and they want to approve a special election this summer so voters can extend current taxes to help balance the budget. talks broke down last friday when republicans said they would only support if democrats accepted their list of separate demands. democrats are considering to push the tax election through on a simple majority vote that could lead to a court challenge since the law says all ballot measures requires a two-thirds majority. >> eric: record rainfall and snowfall all over the state. you probably realized that already. jerry brown has officially say

it is so. tomorrow he will officially drought emergency designation made by governor swarzenegger, that order was put in place after three drier than usual years. good riddens. >> kristen: unofficially we knew the drought was over. we're ready for a huge change. to record rain to boom. >> record high temperatures for tomorrow and thursday. in your forecast, which is what we're going to focus. on satellite you can see a storm system the to our north. this may put a sprinkle or two in the north bay but the rest of a little more cloud cover than what we dealt with. it's still going to be warmer. a little cooler around the bay and along the coast and into the east bay valleys. everybody else at the same or a little bit warmer. it's not going to feel too bad.

low to mid 40s in the north bay valleys. mid to upper 40s for the rest of us. by the afternoon hours, we'll have a mixture of clouds and sunshine. 58 at half moon bay for the cool spot. low 60s around richmond and san francisco and up to clearlake and everybody else in the mid to upper 50s. so back closer to average. pollen is going to be out of control today, at least tree and grass will be moderate and weed will be on the low side. seven-day forecast, there you go temperatures on wednesday and thursday, a lot of us inland will be around 80. mid-70s for the bay and upper 50s along the coast. slight cooling chance on on friday and storm passes to the north and slight chance of a shower. most of us will be dry for the weekend with warmer weather coming back. off to a rough start in some areas? >> we certainly are. sig alert after a big rig driver

slammed into a guardrail. this is southbound 880 on the ramp to southbound 238. one lane of traffic is getting by on the ramp at 2 proposal. caltrans is on the scene repairing damaged signs and cleaning up. we are seeing some speeds below 40 miles an hour. elsewhere, live look in walnut creek on 680. no delays right now through the walnut creek area. as you make your way through san ramon area, will you you will find road work until about 6:00 this morning. >> kristen: it's now 4:40. >> critics go after a fine against pg&e. they say $3 million isn't enough to pay for losing track of pipeline records. >> kristen: and after 28 years behind bars, a san francisco man's murder conviction is

we have a sig alert in hayward after a big rig driver fell asleep at the wheel and slammed into the guardrail. this is southbound 238. only one lane of traffic getting by. caltrans is cleaning up a fuel and water spill. expect delays through the area. >> kristen: thanks a lot. it's 4:43. an agreement between pg&e and the state puc is stirring up strong opposition. pg&e says it will pay $3 million fine for failing to provide pipeline records. regulators demand it in the wake of san bruno explosion. pamela harris doesn't think the penalty is stiff enough for pg&e to make needed changes. >> when you have pg&e, puc sitting in a room without transparency without public comment without the ability to

put input into that discussion. >> kristen: pg&e would have several more months to come up with the pipeline documents. thiswould face a new fine if they fail to meet that deadline. >> eric: after 23 years, a judge ruled a man was wrongfully convicted and ordered his release. lilian kim has the story. >> 33 maurice caldwell emerged from the san francisco jail a free man. he was i am n prison for 23 years serving a murder sentence but last week that sentence was overturned. >> i feel good, being home. i feel blessed. >> caldwell was convicted for 1990 drug related murder in san francisco. but he always maintained his innocence. he sought help.

attorneys responded to the call and said the past few years argued on his behalf in court. >> he was identified by a witness in the project who looked out her window and claimed to have seen him. it's a case of mistaken of eyewitness identification which is the single largest reason for wrongful convictions. >> much of i have had was destroyed over the years, there was no way that caldwell could receive a fair trial. >> think to be clear, there was no finding that the defendant was innocent. >> assistant d.a. is the prosecutor in this case. his thoughts are were with the murder victim's family. >> this new raw wound again and it's not fair. >> caldwell plans to live with his sister in antioch. caldwell will likely work for her.

coming up more fallout from japan's crippled nuclear reactor. critics are asking if the situation is out of control. >> president obama says libya will not be another iraq. what will it be? that is coming up. >> and the san francisco 49ers and the city bury the hatch net and the city bury the hatch net a dispute over [ male announcer ] nature is unique... ...authentic... ...pure... and also delicious. ♪ like nature valley. granola bars made with crunchy oats and pure honey. because natural is not only good, it also tastes good. nature valley -- 100% natural. 100% delicious.

welcome back. here is a look at our lower 48. the we do have snow around denver and snow heading to chicago and severe weather possible around new orleans. rain around portland and apology. flight tracker is waiting for you at any time at abc7news.com. workers have discovered new pools of radioactive water leaking from the fukushima daiichi nuclear complex and

preclude tone yim has been detected in soil outside the plant. tokyo officials say small amount of plutonium is not posing a rick but inside the plant they are pumplogy in water to cool overheated nuclear fuel rods. at the same time they are storing leaked water that has been contaminated. the water has been found in the dominates of several buildings and several other, dominates basements. >> while you were 6.3 quake struck off japan's main island. 6.3 not too far away from the monster quake early this month. >> to other news. president obama takes his case to military action on the road today. it will be part of a speech he gives later today in new york. last night he spoke to defend his choices and to announce that

nato will take over the lead tomorrow. emily submit has more from washington. >> reporter: president obama said it was the right thing to do. >> the united states and the word faced a choice. gadhafi declared he would show no mercy to his own people. it was not in our national interests to let that happen. >> reporter: he said in ten days the coalition stopped moammar gadhafi advance without ground troops and with a full transfer of power to nato tomorrow. hours after his speech secretary of state hillary clinton arrived in london for an international conference about libya but president obama says broadening the mission to include a regime change would be a mistake. >> we are now fighting on the side of the pro, the anti-gadhafi rebels. we are pacing the way for them. we should acknowledge that. >> libyan rebels have recaptured

nearly all the area they lost within 60 miles of gadhafi's hometown. >> wherever people long to be free they will find a friend in the united states. >> our objective declines when we go. that is dangerous position for us to be in. >> defense officials says the price tag topped $600 million. president obama says when nato takes over the cost will be reduced significantly to taxpayers. >> kristen: we're happy because the temperatures. a lot of people will be dancing this week. we won't be singing in the rain, that's for sure. >> whoa! >> you are going back to the '80s on that one.

who sang that. somebody will tweet kristen. >> we're looking at a quiet morning. look how crystal clear the water is. we're doing pretty well this morning. talk about those temperatures, stepping out, 42 in napa to 49 in san francisco and oakland on the other end. around the monterey bay, they in gilroy. warm spot, sincerely and monterey around 46 -- salinas, around 46. and for most of us don't worry about it. record warmth tomorrow and thursday afternoon. cooler the weekend is looking for us likely for rain but definitely cooler than the record highs wednesday and thursday. in east bay, looking at partly sunny die sky and temperatures getting closer to average. low to mid 50s throughout the east bay shore from richmond to 62 all the way up to 66 in

fremont. down in the south bay upper 50s, 67 and mimpitas at 56. mid-60s and palo alto, 67 degrees. mid to upper 50s along the coast. downtown south fran, low 60s. low to mid-60s through most of the north bay valleys and santa rosa and calistoga, 67 and 68. your beaches will be in the mid-50s. low 50s around carmel and monterey and mid to upper 50s and inland and on even gilroy around 70 degrees. tonight around 50, noop, fremont san jose, everybody else in the mid to upper 50s with a partially cloudy sky. two areas of high pressure. it's this warm fronts. you can see the lifting mechanism and the moisture that brings with it that could bring a sprinkle to the north bay. storm track is going to stay

north. here we are moving through the morning hours. you can see some of the cloud cover and slight chance of a sprinkle across northern sonoma county. that will happen during the afternoon hours. high pressure takes over and here is look what happens. wednesday and thursday, near 80 inland. open up the house and let all that stale air out. upper 50s along the coast. temperatures will drop about four to six degrees on friday and about another, i would say 4-10 degrees on saturday as the system passes to the east and brings a slight chance of a shower. once it does move on, we'll see sunshine and another warming trend. definitely looking a lot more like spring. we're following a sig alert in hayward after a big rig apparently fell asleep and slammed into the guardrail. it's southbound 880 to southbound 238 on the ramp.

one lane of traffic is getting by. caltrans is cleaning up a fuel and water spill. also we're following road work in daly city. two right lanes blocked there. we are seeing speeds below 40 miles an hour through that area. let's go outside for a live look at the bay bridge toll plaza where we have no problems making your way through the tolls and heading into san francisco. for the latest traffic updates and drive times go to our website at abc7news.com and click on the traffic link. >> it's 4:55. the city of san francisco and the 49ers have reached a deal in a 40-year battle over maintenance at candlestick part. the maintenance is going to pay $3 million for repairs and the team gets $9 million in new rent credits and cost reductions over the next five years.

niners have long complained about candlestick's leaky luxury suites. full board of supervisors must approve the agreement. >> bay bridge spring shows between the giants and a's. first game since winning the world series last fall. aubrey huff got a homer against brett anderson in the fifth. giants held on and ended the game with nice catch in foul territory from pablo sandoval. >> eric: this the morning that everyone will get a chance to get a closer look at britney spears mini concert here in san francisco. she performed three songs from new album. femme fatale.

despite the short set. most of her fans said they were thrilled. you can watch britney spears' san francisco concert in just a couple of hours on "good morning america." that is from 7:00 to 9:00 a.m. right here on abc7. >> and we've got a lot of news to get to this morning. it's 4:57. next at 5:00, the murder of chauncey bailey. the confessed killer laughing on the witness stand. >> reporter: live at the federal courthouse in san francisco where the barry bonds perjury trial. a former giant genetics a former "a" and coming up, jason giambi talking about his use of steroids coming up in a live report. >> eric: and development is making waves along the san mateo county coast. neighbors a male announcer ] using frontline plus

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